2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. C was engaged in the business of newly constructing and selling apartment and business facilities on the land outside Busan Metropolitan Government D, and five parcels (hereinafter “instant business”). On February 5, 2007, C borrowed money from the Plaintiff and the Defendant, but it was impossible to repay the money, thereby transferring the instant business, including the above business site, to the Plaintiff and the Defendant.

B. While the Plaintiff and the Defendant intended to sell the above business site and collect the loans, etc., they were difficult to sell them, they established a stock company E (hereinafter “E”) with the purpose of housing construction business, etc. on May 31, 2007 in order to directly conduct the instant business, and invested the above business site where the Plaintiff and the Defendant possessed 1/2 shares in each of the above business site, and the Plaintiff and the Defendant completed the registration of transfer of ownership transfer claim on June 12, 2007 due to the registration of each of the 1/2 shares transfer claim against E on June 7, 2007.

On the same day, the plaintiff was the representative director of E, and the defendant was the director of E.

Of the total issued shares of E 40,000 shares, the Plaintiff had 8,000 shares, the Defendant 16,000 shares, and F had 16,00 shares, respectively.

C. The above apartment and business facilities completed around July 2008 and completed registration of preservation of ownership in the name of E in relation to the newly constructed building. The Plaintiff retired from the office of representative director E on February 8, 2013, and the Defendant operated a single director E.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 11, 31, 32, 36, 44, Eul evidence Nos. 3, 6, 8, and 10 (including various numbers), and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff and the Defendant engaged in the instant business in the form of establishing and operating a stock company. The Plaintiff and the Defendant agreed on July 16, 2007 between the Plaintiff and the Defendant (as the instant business in the evidence A No. 31, without any condition, at the same time as the completion of the apartment project.